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South Africa Case Law

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Labour Law [2016] ZALCJHB 86

Rukwaya and Others v Kitchen Bar Restaurant (J591/2013)

Rukwaya and Others v Kitchen Bar Restaurant (J591/2013) [2016] ZALCJHB 86; (2016) 37 ILJ 1466 (LC) (9 March 2016)

Court
Labour Court Johannesburg
Case number
J591/2013
Judge
Bakker

The Labour Court lacks jurisdiction to enforce compliance with a bargaining council collective agreement extended to non-parties where the agreement and section 33A of the LRA prescribe arbitration as the exclusive remedy. The applicants' claim is substantively about non-compliance with the collective agreement, not a breach of individual employment contracts. Section 77(3) of the BCEA cannot be used to circumvent the special dispute resolution mechanisms established by the LRA and the collective agreement. The applicants must pursue their remedies through the Council's enforcement and arbitr…

Source excerpt

  • Collective Agreement Enforcement
  • Jurisdiction Of Labour Court
  • Section 77 Bcea
  • Section 33a Lra
  • Minimum Wage Dispute
  • Dispute Resolution Mechanisms
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Labour Law [2015] ZALCJHB 257

South African Local Government Bargaining Council v Ally NO and Another (JR2213/11)

South African Local Government Bargaining Council v Ally NO and Another (JR2213/11) [2015] ZALCJHB 257; [2015] 12 BLLR 1243 (LC); (2016) 37 ILJ 223 (LC) (14 August 2015)

Court
Labour Court Johannesburg
Case number
JR2213/11
Judge
S Snyman

The court held that the arbitrator did have jurisdiction to entertain enforcement proceedings brought by the applicant, as the claim was for enforcement of the main agreement under the council's constitution and section 33A of the LRA. However, the applicant's claim was a bad claim in law because costs awards in favour of the council must be determined by the arbitrator in the course of dispute resolution proceedings between litigating parties. The applicant cannot institute separate enforcement proceedings for costs not specifically awarded by an arbitrator. The proper procedure for executio…

Source excerpt

  • Collective Agreement Enforcement
  • Jurisdiction Of Arbitrator
  • Costs Awards
  • Section 33a Lra
  • Arbitration Review
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.